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Pedestrian Struck by Car in Crosswalk in Culpeper. Meditated in Accomack County $70,000

Awarded: $70,000

Plaintiff is a 73 year old retired engineer who was exiting a store in Culpeper, Virginia after buying flowers for his wife’s grave. He and his daughter were walking in the pedestrian crosswalk when they were struck by a vehicle, causing them to roll onto the hood of the car and land on their right sides on the asphalt. The daughter resolved her case without the assistance of counsel as her injuries were minimal.

Plaintiff was transported by ambulance to Culpeper Regional Hospital and complained of immediate left knee and right shoulder pain. A few days later an MRI of Plaintiff’s left knee was ordered by the patient’s primary care physician. The MRI revealed a torn body and posterior horn of the medial meniscus, moderate joint effusion, extensive subcutaneous edema, grade I MCL strain, and a moderate Baker’s cyst. Plaintiff was referred to an orthopedic physician whom he saw four days later. The orthopedic physician diagnosed the Plaintiff with a grade II MCL tear of the left knee. After five months of conservative treatment and physical therapy, Plaintiff underwent an arthroscopic surgery and medial meniscectomy of his left knee. Plaintiff underwent further physical therapy treatment for both his knee and right shoulder. Plaintiff continues to experience pain in his knee and trouble kneeling down. The defense argued that the continuing knee pain was related to Plaintiff’s pre-existing arthritis shown on the initial ER films and that his knee pain was normal for an active man of his age.

The case was mediated with the Hon. William Ledbetter, Jr., (retired). The Plaintiff testified at the mediation about the effect of his injuries on his previously active lifestyle, including home construction projects and walking five miles every day. The case settled on the day of mediation for $70,000.